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4.1 The assessee has argued that the realised loss of Rs. 22,39,695/- for A.Y. 2011-12 was disallowed by Ld. AO. However, the same was allowed by Ld. CIT(A); vide order dated 08.10.2015 for AY 2011-12 in. the assessee's own case. So the doctrine of Judicial comity, the order of Ld. CTT(A) should be respected. Reliance is placed on Judgment of Hon'ble Apex Court in case of Vidur Impex & Traders Pvt. Ltd. Civil Appeal No. 5918/2012. There is no denial that the CIT (A) had deleted the said disallowance of Rs. 22,39,695/-

for AY 2011-12, but the doctrine of judicial comity only applicable when the decision is accepted by the department in the first place. The department did not accept the said decision of the CIT (A), but the further appeal was not filed as the tax effect was below Rs. 10 lakhs as per board's guidelines. Hence the doctrine of judicial comity as well as relied upon case is not applicable in the present case. Further, it is already held in various court pronouncements that every assessment year is different from each other.

4.2 The assessee has relied upon various court cases which/are as discussed:-

(i) The assessee relies upon the judgment of ACIT vs Bright Star Investment Pvt. Ltd., (2008) 24 SOT 288 (Mum.). In the said judgment of Bright Star, reliance on judgment of Hon'ble Supreme Court in case of Kikabhai Premchand v. CIT (1952) 24 ITR 506 is also placed. The assessee states that the judgment of Bright Star is directly applicable to the case of the assessee and as per the doctrine of judicial comity the said judgment should be respected and followed.